Denies Util Request for Order Declaring Discovery Open to All Parties.If Any Party Finds That Request for Info Unsatisfied or Requests Unduly Burdensome,Motion Will Be Entertained at That TimeML20062B230 |
Person / Time |
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Site: |
Perkins  |
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Issue date: |
10/13/1978 |
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From: |
Bowers E Atomic Safety and Licensing Board Panel |
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To: |
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References |
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NUDOCS 7810250193 |
Download: ML20062B230 (3) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20054F5991982-06-14014 June 1982 Response Supporting Util 820419 Motion to Withdraw CP Application W/O Prejudice & Opposing Award of Costs & Attys Fees to Intervenor.Expenses Resulted from Intervenor Actions.Certificate of Svc Encl ML20053D2351982-05-28028 May 1982 Reply Opposing Intervenor 820429 Response to Util 820419 Motion to Withdraw Application for Cps.Application Should Be Dismissed W/O Prejudice & Util Should Not Be Required to Pay Intervenor Costs & Atty Fees.Certificate of Svc Encl ML20052F9261982-05-12012 May 1982 Memorandum & Order Granting Applicant Motion for Leave to File Response to Intervenor 820429 Response to Applicant Motion to Withdraw.Nrc Oral Request to File Answer 10 Days After Applicant Response Served Granted ML20052F9151982-05-10010 May 1982 Response Opposing Applicant Motion for Leave to File Reply. No New Issues Raised in Response & Mere Fact Motion Superficial Not Valid Reason for Allowing Reply ML20052E5541982-05-0606 May 1982 Motion for Leave to File Reply to Intervenor 820429 Response to Util Motion to Withdraw Application for CPs W/O Prejudice.Factual & Legal Arguments in Intervenor Response Could Not Be Anticipated.Certificate of Svc Encl ML20052D0671982-04-30030 April 1982 Motion for Extension of Time Until 820524 to Respond to Util Motion to Withdraw Application W/O Prejudice.Counsel Must Be Present at Other Hearing & Intervenor Response Not Yet Received.Motion Granted by ASLB on 820504 ML20052D0621982-04-30030 April 1982 Motion for Extension of Time Until 820524 to Respond to Util Motion to Withdraw Application W/O Prejudice.Counsel Must Be Present at Other Hearing & Intervenor Response Not Yet Received.Certificate of Svc Encl ML20052C7221982-04-29029 April 1982 Response to Applicant Motion to Withdraw.Proceeding Should Be Dismissed W/Prejudice & Costs,Fees & Expenses Paid by Applicant.Certificate of Svc Encl ML20054E1661982-04-21021 April 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20054E0491982-04-19019 April 1982 Motion to Withdraw Application for CPs W/O Prejudice. Intervenors Failed to Meet Compelling Burden of Justification to Establish Demonstrated Injury in Order to Dismiss Applications W/Prejudice.Certificate of Svc Encl ML20050C1271982-04-0101 April 1982 Memorandum & Order Directing Applicant to File New Motion to Withdraw from Proceeding W/Aslb,Addressing Intervenor Requested Relief & Listed Decisions.Intervenor Answer Due 10 Days After Svc & NRC Answer 5 Days Later ML20049J9641982-03-24024 March 1982 Memorandum & Order ALAB-668,vacating LBP-78-25,LBP-78-34 & LBP-80-9 on Grounds of Mootness.Util Filed Motions on 820302 for Leave to Withdraw Applications W/O Prejudice & to Terminate Ongoing Proceedings ML20042A9101982-03-22022 March 1982 Response to Util 820320 Motion to Withdraw Application & Terminate Proceedings.Motion Not Opposed But Recommends Motion Be Referred to Aslb.Matter Relates to General ASLB Jurisdiction Which Has Not Expired.W/Certificate of Svc ML20042B2391982-03-19019 March 1982 Motion for Leave to File Reply to Intervenor 820311 Response to Motion to Withdraw Applications.Intervenor Response in Requesting Dismissal Be W/Prejudice Is in Fact Motion for Addl Relief.Certificate of Svc Encl ML20041F7821982-03-11011 March 1982 Response to Applicant Motion to Withdraw.Motion Should Be Granted & Proceeding Terminated W/Prejudice.Applicants Should Pay All Intervenor Costs Including Atty Fees. Certificate of Svc Encl ML20069B9541982-03-0202 March 1982 Motion to Withdraw W/O Prejudice CP Applications.Board of Directors Voted to Withdraw Applications on 820223. Proceedings Should Be Terminated as Moot.Certificate of Svc Encl ML20041C3451982-02-19019 February 1982 Point of Information Notifying All Parties That Any Attempt by Applicant to Salvage Findings Produced by Incomplete Info,Studies & Misleading Pressure & Haste Should Be Rejected.Certificate of Svc Encl ML20040F3761982-02-0303 February 1982 Notice of Appearance in Proceeding ML20040A8261982-01-11011 January 1982 Opposition to Matl in Intervenors 820106 Response to Aslab 811229 Order & Request to Strike.Info Comparing Lake Level of Lake Norman W/High Rack Lake in Fall 1981 Should Not Be Received by Aslab.Certificate of Svc Encl ML20039E9941982-01-0505 January 1982 Response to Order.Motion to Consider New Evidence & Reopen Record Designation for High Rock Lake Association,Inc Was Incorrect.Info Listed Re Lake Level.Certificate of Svc Encl ML20039D0431981-12-29029 December 1981 Order Directing Counsel Representing Ma Davis & Yadkin River Committee to Explain Inconsistency in 811208 Motion to Consider New Evidence & Reopen Proceeding That Was Signed for High Rock Lake Association,Inc.Explanation Due 820111 ML20039C7211981-12-28028 December 1981 Answer Opposing Nonparty High Rock Lake Association,Inc 811208 Motion to Consider New Evidence & Reopen Proceeding. Existence of Sufficient New Evidence Not Demonstrated. Certificate of Svc Encl ML20039C2371981-12-23023 December 1981 Response Opposing Intervenors 811208 Motion to Consider New Evidence & Reopen Proceeding.Motion Fails to Meet Stds for Reopening Proceeding.New Evidence Is Unsupported Allegation of Recreational Use.Certificate of Svc Encl ML20062M2061981-12-0808 December 1981 Motion to Consider New Evidence & Reopen Proceedings.New Evidence Consists of Extensive Use of High Rock Lake During Fall & Lack of Any Rule Re Curve Protection.Certificate of Svc Encl ML20031A3391981-09-18018 September 1981 Response Opposing Licensees 810622 Petition for Extension of Effective Deadline of CLI-80-21 & NRC 810731 Response Recommending 1-yr Extension.No Justification That Utils Unable to Qualify Equipment.Certificate of Svc Encl ML20030D9341981-09-14014 September 1981 Answer Opposing Ucs 810831 Motion Re CLI-80-21 & Utils 810622 Petition for Extension of Deadline.Matter Should Not Be Docketed as Involving Ucs Petition.Ucs Should Not Be Added to Svc List.Certificate of Svc Encl ML20010E5131981-08-31031 August 1981 Motion for Opportunity to Respond to Utils 810622 Petition for 13-month Extension of 820630 Deadline Imposed by CLI-80-21 & NRC 810731 Response.Requests Svc of Past & Future Filings.Certificate of Svc Encl ML20009A2391981-07-0707 July 1981 Answer That Petitioners Do Not Object to NRC 810629 Motion for Leave to Defer Response to 810622 Petition Until 810731. Certificate of Svc Encl ML19350F1551981-06-22022 June 1981 Petition,On Behalf of 18 Licensees Operating &/Or Constructing Nuclear Power Plants,Requesting 13-month Extension Until 830729 for Qualification of safety-related Electrical Equipment Per NUREG-0588 (CLI-80-21) ML19350F1691981-06-19019 June 1981 Affidavit That Licensees Could Not Meet CLI-80-21 820630 Deadline Due to Lack of Appropriate Regulatory Guidance to Allow Utils to Proceed W/Qualification,Replacement or Reanalysis of Equipment.W/Certificate of Svc ML19350D6531981-05-14014 May 1981 Order Adopting Applicant 810505 Position That Proceeding Be Partially Stayed for Two Yrs ML20008G1181981-05-0505 May 1981 Response Transmitting Replies to ASLB 810428 Order Which Inquired Into Impact Conclusions in 810402 Nucleonics Week Rept Might Have on Future Plans.Replies Were Previously Submitted for Similar Requests.W/Certificate of Svc ML19343D6101981-04-30030 April 1981 Response in Opposition to Intervenor 810416 Pleading. Commission Regulations Prohibit Response,So Pleading Should Be Stricken.Item 3 of D Springer to J Buck Should Be Stricken as Addl Rebuttal.Certificate of Svc Encl ML19345H1601981-04-28028 April 1981 Order Directing Applicant to Respond to Inquiry Into 810402 Nucleonics Wk,Vol 22,Number 13 Article Re Cancellation Plans for Facilities.Parties Will Be Allowed to Respond to Util Statements ML19347E4101981-04-23023 April 1981 Testimony Re IE Investigation Rept 79-19 & 800430 Show Cause Order.Prof Qualifications Encl ML20003F6751981-04-16016 April 1981 Intervenors Response.Use of Site More than one-half Mile North of Other Two Sites Was Prejudicial to Site Comparison W/Facility ML20003E8641981-04-15015 April 1981 Response in Opposition to Intervenor 810401 Motion to Reopen Record Based on Misidentification & Portrayal of Lake Norman.Motion Contains Only Allegation,Unsupported by Facts. Affidavit,Maps & Certificate of Svc Encl ML19345G8841981-04-13013 April 1981 Response in Opposition to Intervenor 810401 Motion to Reopen Record.Motion Is Untimely & Lacks Showing of Good Cause. Intervenor Allegation Insignificant & Would Not Alter Result ML19345G8871981-04-10010 April 1981 Affidavit Re Maps Submitted W/Intervenor 810401 Motion for Reopening of Record.Maps Portray Same Sites Visited by Applicant,Nrc & Intervenor Representatives.Certificate of Svc Encl ML19350D0711981-04-10010 April 1981 Motion to Correct Official Transcript of 810401 Oral Argument in Bethesda,Md.Thirteen Corrections Listed to Be Included in Record to Accurately Reflect Statements of Counsel.Certificate of Svc Encl ML20003F8011981-04-10010 April 1981 Motion to Correct Transcript of 810401 Oral Hearing.Granted for Aslab on 810414 ML19350C6171981-04-0101 April 1981 Transcript of 810401 Hearing in Bethesda,Md Re Cps. Pp 1-87 ML20126H5041981-03-31031 March 1981 Motion That Proceedings Be Reopened Due to Improper Identification & Portrayal of Lake Norman.Certificate of Svc Encl ML19343C8561981-03-20020 March 1981 Memorandum Discussing Reasons to Continue Appeal from ASLB 800222 Partial Initial Decision Despite Unclear Util Plans. Recommends Proceeding Since Adequate Assessment Can Not Be Made of Difference Time Will Make to Water Adequacy Issue ML20003C8761981-03-17017 March 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20003C7311981-02-12012 February 1981 Unofficial Transcript of Commission 810212 Meeting in Washington,Dc Re SECY-81-20 Policy on Proceeding W/Pending CP & Mfg License Applications.Pp 1-115 ML19341B6091981-01-23023 January 1981 Notice of Rescheduled 810401 Oral Argument on Appeal of Intervenors Ma Davis & Yadkin River Committee from ASLB 800222 Partial Initial Decision.Certificate of Svc Encl ML19341A8061981-01-22022 January 1981 Order Granting Applicant Motion to Postpone Oral Argument on Appeal from ASLB 800222 Partial Initial Decision Until 810401.Certificate of Svc Encl ML20002E1381981-01-21021 January 1981 Motion for Extension to Set Oral Argument on Alternative Site Issue for 810401.Certificate of Svc Encl ML19340F0971981-01-13013 January 1981 Order Setting 810218 Oral Argument in Bethesda,Md Re Intervenors Ma Davis & Yadkin River Committee Appeal from ASLB 800222 Partial Initial Decision.Certificate of Svc Encl 1982-06-14
[Table view] Category:ORDERS
MONTHYEARML20052F9261982-05-12012 May 1982 Memorandum & Order Granting Applicant Motion for Leave to File Response to Intervenor 820429 Response to Applicant Motion to Withdraw.Nrc Oral Request to File Answer 10 Days After Applicant Response Served Granted ML20050C1271982-04-0101 April 1982 Memorandum & Order Directing Applicant to File New Motion to Withdraw from Proceeding W/Aslb,Addressing Intervenor Requested Relief & Listed Decisions.Intervenor Answer Due 10 Days After Svc & NRC Answer 5 Days Later ML20049J9641982-03-24024 March 1982 Memorandum & Order ALAB-668,vacating LBP-78-25,LBP-78-34 & LBP-80-9 on Grounds of Mootness.Util Filed Motions on 820302 for Leave to Withdraw Applications W/O Prejudice & to Terminate Ongoing Proceedings ML20039D0431981-12-29029 December 1981 Order Directing Counsel Representing Ma Davis & Yadkin River Committee to Explain Inconsistency in 811208 Motion to Consider New Evidence & Reopen Proceeding That Was Signed for High Rock Lake Association,Inc.Explanation Due 820111 ML19350D6531981-05-14014 May 1981 Order Adopting Applicant 810505 Position That Proceeding Be Partially Stayed for Two Yrs ML19345H1601981-04-28028 April 1981 Order Directing Applicant to Respond to Inquiry Into 810402 Nucleonics Wk,Vol 22,Number 13 Article Re Cancellation Plans for Facilities.Parties Will Be Allowed to Respond to Util Statements ML19341A8061981-01-22022 January 1981 Order Granting Applicant Motion to Postpone Oral Argument on Appeal from ASLB 800222 Partial Initial Decision Until 810401.Certificate of Svc Encl ML19340F0971981-01-13013 January 1981 Order Setting 810218 Oral Argument in Bethesda,Md Re Intervenors Ma Davis & Yadkin River Committee Appeal from ASLB 800222 Partial Initial Decision.Certificate of Svc Encl ML19343B3821980-11-25025 November 1980 Order Granting Applicant Motion for Extension Until 801231 to File Brief.Time for NRC to File Brief Is Extended Until 810112 ML19336A3391980-10-20020 October 1980 Order Granting Extension Until 801031 for Commission to Review ALAB-615 ML19343A2541980-09-15015 September 1980 Order Granting Extension Until 800924 for NRC to File Brief Re D Springer 800902 Appeal from ASLB 800814 Order Denying Intervention ML19332A8931980-09-15015 September 1980 Order Granting Extension Until 800924 for All Parties to File Responsive Briefs on D Springer Appeal ML19331C5241980-08-14014 August 1980 Order Denying D Springer 800415 Petition to Intervene as Out of Time W/O Justification,Requesting Unavailable Relief & Inadequate Support for Allegations of Misconduct & Denying Intervenors 800606 Motion for Reconsideration ML19331C5181980-08-14014 August 1980 Order Advising Parties to File Exceptions to ASLB 800222 Partial Initial Decision by 800829 ML19327A0431980-07-28028 July 1980 Order Granting 20-day Extension from 800518,for Springer to Reply to NRC 800708 Comments on Springer 800521 Affidavit ML19329F9111980-07-0909 July 1980 Order Granting 20-day Extension for Springer to File Brief in Support of 800415 Petition.Extension Begins Upon Receipt of NRC 800708 Response to Springer Affidavit Filed in CP Proceeding ML19318A9421980-06-20020 June 1980 Memorandum & order,ALAB-597,extending Time to File Exceptions to ASLB 800222 Partial Initial Decision, LBP-80-09,until ASLB Takes Action on D Springer Petition & Intervenors 800606 Motion & Until Aslab Further Order ML19323J2731980-06-17017 June 1980 Order Declaring ASLB Has Jurisdiction to Consider D Springer 800415 Petition to Intervene.Will Not Rule on Merits Until Aslab Decides Jurisdiction Question.Nrc Must Respond to Petition & 800415 Affidavit Regardless of Outcome ML19323G7381980-05-30030 May 1980 Order Advising Parties to File Exceptions to ASLB 800222 Partial Initial decision,LBP-80-9,re Alternate Site Issue, by 800623.Certificate of Svc Encl ML19323G3801980-05-29029 May 1980 Order Granting Extension Until 800612 for Commission to Review ALAB-591 ML19305E7471980-05-0707 May 1980 Memorandum & Order Referring D Springer 800415 Petition to Intervene & NRC 800505 Response to ASLB for Consideration within Bound of Own Jurisdiction ML19254E7451979-10-0202 October 1979 Order Granting Intervenors Motion to Dismiss or to Stay Proceedings.Advises That,Upon Request,Aslb Will Consider Responses to Applicant 791009 Statement of Position. Certificate of Svc Encl ML19253B7661979-10-0202 October 1979 Order in Response to Applicant 790927 Motion to Respond to NRC 790924 Pleading.Submitted in Response to Intervenors Motion to Dismiss.Opportunity to Respond by 791009 Granted W/O Benefit of Responses of Other Parties ML19289F2321979-04-12012 April 1979 Denies Intervenors 790305 Motion to Reopen Record for Addl Hearings.Revises Wording of 781027 Partial Initial Decision, Paragraph 39 ML19269C4671979-01-19019 January 1979 Order Re Intervenors Filing Direct Testimony,Intervenors Motion to Continue & Limited Appearance Statements.Expects Nc Representative to Present Position at Hearing Commencing 790129.Denies Motion to Continue ML20062C2791978-10-30030 October 1978 Due to Interlocutory Nature of 781027 Order by Aslb,Aslab Will Not Review Matters Considered in It Until ASLB Rules on Remaining Issues Re Constr Permit for Subj Facil.Thus 10 Day Period for Filing of Exceptions to 781027 Order Is Tolled ML20062B2301978-10-13013 October 1978 Denies Util Request for Order Declaring Discovery Open to All Parties.If Any Party Finds That Request for Info Unsatisfied or Requests Unduly Burdensome,Motion Will Be Entertained at That Time 1982-05-12
[Table view] |
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Before the Atomic Safety and Licensinz BoaHt-In the Matter of
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DUKE POWER COMPANY
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Docket Nos. STN(50-488
)
'50-489' (Perkins Nuclear Station,
)
50-490 Units 1, 2, and 3)
)
1 10 6 8
7 ORDER RELATIVE TO DISCOVERY AND GENERIC SAFETY ISSUES On August 8, 1978, the Applicant addressed a letter to this Board urging prompt action on the alternate sites issue and concluded with a request for an Order declaring discovery open to all parties.
This motion was opposed in an August 31 response by the NRC Staff on the bases of interest and ti=eli-ness.
The. Staff further believes that an Order opening dis-covery is not necessary in that the Staff will provide the Intervenors and the State of North Carolina such information as it is developed.
'Je agree that a formal Order is not needed at this time.
If any party to this proceeding finds that a request for information on alternate sites is-unsatis-fled or that such requests are unduly burdensc=e, we will entertain a motion at that ti=e.
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In our Order of September 7,1978, we asked the opinion of the parties concerning the adequacy of the Perkins record in meeting Appeal Board criteria on generic safety issues.
On September 14 the Staff responded that the record may be defective in this respect and proposed additional testimony to be tendered at the reopened hearing on alternate sites.
On September 28 the Applicant replied that in its opinion the record was adequate and listed references to the SER, the PSAR, and the CESSAR in support of their position.
Our chief concern was with the adequacy of the Staff review of generic matters.
Their response confirms our doubts.
We 9111 expect to receive additional testimony on generic safety issues in the reopened hearings.
In particular we wish to call to the attention of all parties the recent document NUREG-0460.
We now question whether the commitment on the part of the Applicant in answer to Board Question 1 will pro-vide an adequate solution to the issue of anticipated transients without scram.
(See Applicant's testimony following Cherokee Transcript, p. 940 which has been incorporated into this record).
We also request the Staff to review their testimony in reply to our question.
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i I IT IS SO ORDERED.
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FOR TE ATOMIC SAFETY AND i
LICENSING E0ARD
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Elizabeth S. Bowers, Chairman
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l Dated at Bethesda*, Maryland t
t This 13th day of October 1978.
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